Posted on 01/25/2021 5:51:12 PM PST by John S Mosby
Wrongo, FRiend. Leahy may NOT preside in any trial. Firstly, a private citizen may not be tried by the Senate. Secondly- if they are going to trial of whom they say is President— it must be Roberts, the Chief Justice who presides.
This is Schumer’s deal, and it is going to backfire majorly.
And how does one know these things— a very good friend was principal investigator of Alcee Hastings (gold plumbing and all). He was impeached for bribery and perjury as a Federal judge by the House. He was tried by the Senate and convicted and removed from office. He was a sitting Federal Judge still “in office” and impeached. In the Senate Trial Jeff Bingamen of NM (D) and Arlen Spector (R) were Chair and Co-Chair of the proceedings. A Senator can preside for a sitting Federal officer.
Trump is not a sitting Federal Officer— unless they are going to deny that Biden was sworn in by Justice Roberts and is now President. Even then, Trump’s term as President is over.
As points of law here’s three from Alan Dershowitz, who acknowledges this is a crap show— a grandstanding that cannot legally lead to anything.
“—The Framers of the Constitution debated impeachment extensively. It is clear that they intended it to apply only to sitting presidents and other office holders and not to private citizens who previously held that office.
The Framers did, however, regard impeachment and trial as part of one single process, culminating in removal from office. And so, if removal from office is no longer a possibility, it would seem that Congress would have no jurisdiction to impeach.
What they want to do is to impeach President Trump without giving him an opportunity to defend himself at a Senate trial. This would be analogous to a prosecutor deciding to indict someone and then deny him a trial at which he could disprove his guilt or prove his innocence. That would be a core denial of due process, as would impeaching a president based on a majority of the House while denying him a trial in the Senate that requires a two-thirds super majority to remove.
—The President, Vice President and all civil officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” (Article II, Section 4)
—Another provision of the Constitution says that an impeached president (or other office holder) may be disqualified “to hold and enjoy any office....” So some are arguing that the Constitutional provisions regarding impeachment should be interpreted to apply to any person who may be eligible to run in the future. Such an absurd interpretation of the Constitution would literally allow millions of ordinary citizens over the age of 35 to be impeached and disqualified from future office holding.
—This absurd reading of the Constitution shows how far people are willing to go to prevent President Trump from becoming a candidate in 2024. Such an interpretation of the Constitution would render the impeachment provisions utterly meaningless.”
The Senate rules for impeachment trials are silent on the issue of whether the Presiding Officer votes, but also require a vote from the “Senators” who are “present.”
Historically, the last two impeachment trials resulting in convictions were of Alcee Hastings and Walter Nixon. Robert Byrd presided over both, and voted to convict in both.
An additional note: the question of whether Leahy gets a vote is probably not reviewable by a court. Walter Nixon sought judicial review of whether the Senate actually tried him when only a committee actually heard evidence, but the Supreme Court held that to be a no justifiable political question committed to the Senate by the Constitution, which grants the Senate the “sole power” to try impeachment’s.
*” no justifiable political question” = nonjusticiable political question
It is clear that a judge can’t serve on the jury. So having Senator Leahy serve as a presiding judge is wrong.
Laws don’t matter anymore.
If they can steal an election and a whole country, they can do anything they want.
Who is going to stop them?
They are above the law.
They lectured us, one by one on the House floor in robotic talking points this time last year during Impeachment #1 that “no one is above the law.”
BUT THEY ARE. Are they wrong?
The Constitution also says that "When sitting for that Purpose, they shall be on Oath or Affirmation."
Will the person who is presiding also be sworn on oath or affirmation, or is it the presiding officer who swears in the rest? Who swears in the presiding officer?
-PJ
As I’m sure you know by now I doubt Trump is going to have to run again anyway but this impeachment trial which is really just unconstitutional BS may be another platform for Trump to dump some juicy declass on National TV. It will be interesting to see if the MSM are forced to do a blackout when his defense team presents.
Thank you. That pretty much sums up the issue.
So Leahy gets a vote. And yes i do believe
The Founders gave the Senate the mechanism to do what they are doing right now.
I have no opinion on whether this should relate back to his POTUS status thus requiring Roberts.
I can see both sides of the argument.
Belknap
So where are any of the 50 republican senators protesting any of this farce?
For the same reason they didn’t want to investigate the election fraud. They are cowards.
We shall see, won’t we. The Founders did not give a “mechanism” this is something the weasely “the Constitution is a living document which can be changed on a whim” demonrats.
Every, with the exception of apparatchik Lawrence Tribe, Constitutional legal expert, acclaimed people— say they do not. This is all for the cameras, and when/if these idiots show their face in public— they will find out the public’s reaction. Because this is all about chi-com ownership of the very people trying to pursue this to save their own sorry a@@es.
Facts are sticky commodities.
Our Constitution supplies an answer to the extra-judiciary and extra-legal actions of elected officials. They are exhibiting their own evidence by their actions. They think they are in control. They are not. But they will push, like Communists do, and they will be stopped.
Changing their diapers with one hand and the other hand’s fingers in the air to detect the... winds. Chicken shite— and as intended, exposed like all the rest of them.
Not represented in their Oaths— so what are they doing there?
Violating their Oaths’, while the dems ignore theirs and the entire Constitution.
Yes. Alcee Hastings was left off any discussions of impeachments of sitting federal officers— because he was impeached and convicted and removed. But-— not removed from seeking future office.
Became a congressman from Miami— reelected criminal bribe taker still.
And— here’s a kicker— he was the HOUSE MANAGER of the first Trump “impeachment” on non-impeachable charges and no crimes or misdemeanors. Pelosi’s choice for the House manager then is a impeached and convicted bribery and perjuring former federal judge.
Belknap— in any estimation, does not carry a precedent for President Trump. And, uh, Trump has much better lawyers— enough to make it evident to so-called for now, Chief Justice Roberts that this would bring Roberts down. There is much more, factually coming out on Roberts and his buddies within the corrupt FISA system— including Rosenstein the weasel, and his thugs.
Yes. Alcee Hastings was left off any discussions of impeachments of sitting federal officers— because he was impeached and convicted and removed. But-— not removed from seeking future office.
Became a congressman from Miami— reelected criminal bribe taker still.
And— here’s a kicker— he was the HOUSE MANAGER of the first Trump “impeachment” on non-impeachable charges and no crimes or misdemeanors. Pelosi’s choice for the House manager then is a impeached and convicted bribery and perjuring former federal judge.
Belknap— in any estimation, does not carry a precedent for President Trump. And, uh, Trump has much better lawyers— enough to make it evident to so-called for now, Chief Justice Roberts that this would bring Roberts down. There is much more, factually coming out on Roberts and his buddies within the corrupt FISA system— including Rosenstein the weasel, and his thugs.
Sorry for the double post- server is slow. Admin- please remove repeat post #37. Thank you.
The Presiding Officer will probably be sworn in by another senator, and then the Presiding Officer will swear in the other senators. In the last impeachment trial of a non-President for which I have a record, the trial of Walter Nixon in 1989, the presiding officer was the President pro tem, Robert Byrd. He was sworn in by the senior Republican Senator, Strom Thurmond, and then Byrd swore in the rest of the Senate.
Walter Nixon was a federal office holder - a federal judge.
One of several federal who have been impeached and removed from offie by Congress. Trump is now a citizen. zI see no similarlty.
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